Rio Tinto Coal Aus P/L v Qld Coal & Oil Shale Mining Industry (Superannuation) P/L

Rio Tinto Coal Australia Pty Ltd brought an action against Queensland Coal & Oil Shale Mining Industry (Superannuation) Pty Ltd in the Queensland Supreme Court, seeking a declaration that a statutory amendment repealing the ability to make contributions to a superannuation fund other than the QCOS Fund, constituted an accrued right under section 20 of the Acts Interpretation Act 1954 (Qld). The applicants argued that the amendment to the Queensland Coal and Oil Shale Mine Workers Superannuation Act 1989 (Qld) ('QCOS Act') affected their accrued right to contribute to a superannuation fund of their choice. They further contended that the amendment was inconsistent with existing contractual rights and the provisions of the Workplace Relations Act 1996 (Cth).

The court considered whether the legislative amendment constituted an accrued right under section 20 of the Acts Interpretation Act 1954 (Qld) and whether the amendment created an inconsistency with existing contractual rights. The court found that the presumption against retrospective legislative interference with accrued rights did not apply in this case, as the applicants had no accrued right to contribute to a superannuation fund of their choice. The court also determined that the amendment did not create an inconsistency with existing contractual rights or the provisions of the Workplace Relations Act 1996 (Cth).

The Supreme Court held that the amendment to the QCOS Act did not affect an accrued right under section 20 of the Acts Interpretation Act 1954 (Qld), and that the amendment did not create an inconsistency with existing contractual rights or the provisions of the Workplace Relations Act 1996 (Cth). Consequently, the applicants' action was dismissed.

The court made no orders as to costs.